GOV Final

1st amendment

\- freedom of speech

\- allows prayer before and after school and for one time events

\- violates the establishment clause

2nd amendment

-individual right to bear arms
-SC officially recognized the individual right to bear arms in DC vs Heller (2008)
-McDonald vs City of Chicago incorporated the 2nd amendment to the states

9th amendment

\- there are other implied rights and liberties that are not explicitly mentioned in the constitution or amendments

\- ex. right to privacy

10th amendment

powers not given to the federal government and not denied to the states under the constitution is given to the states or the people

14th amendment

prohibits states from from depriving people of life, liberty, or property without due process of law

16th amendment

congress has the power to lay and collect income taxes

27th amendment

if congress increases their pay, the pay increase can't take place until the next session

US v Banks

The Court unanimously held that 15 to 20 seconds was a reasonable period for police to wait before entering by force when they were investigating drug charges because waiting any longer was likely to result in the destruction of evidence

South Dakota v Dole

-congress wanted to raise drinking age to 21
-SD wanted to keep it at 19
-congress threatened the state's fundings to get what they want

Bush v Gore

-the SC held that the election results where Bush won florida by 537 votes would have to stand
-the SC also held that the decision in this case could not be used as a precedent in deciding future cases that are similar

Smith v Allwright

The denying of African Americans the right to vote in a primary election was found to be a violation of the 15th Amendment

US v Lopez

-Alfonzo Lopez was caught on the school grounds with a gun
-The state of Texas brought charges against Lopez under state law
-The next day, the state charges were dropped and federal charges were brought under the Gun Free School Zone Act of 1990
-The attorneys for the federal government argue that regulating guns in schools within Congress' power to regulate commerce
-State gov has the right to regulate this, not the fed gov

Colorado Dept of State v Baca

punishes electors who don't cast their vote to their pledged candidate

Interstate vs Intrastate commerce

\- inter: commerce between two or more states; can be regulated by congress


\- intra: commerce occurring within one state; only states can regulate commerce

libertarian beliefs

\- Align with liberals on social issues

\- Favor less government than conservatives

\- People that benefit pay for the service so we’re not all taxed

\- Minimal involvement in world affairs

\- Military only for self-defense, not fighting other wars

\- No taxes at all

\- Government should not play a role in marriage; no marriage license

\- Legalize drugs; it’s people’s choice to harm themselves

The second most important word in the Establishment Clause, and what it means.

?

Kneeling during the National Anthem and whether or not it is a First Amendment issue.

\- NOT a 1st amendment free speech issue

\- symbolic speech is protected

Which party holds its party convention first?

the party not in power

open primaries

voters are not required to declare party affiliation

closed primaries

only the party's members can vote

blanket primaries

-voters choose one candidate per office
-does not exist anymore

cajun/jungle primaries

all candidates for an office run together in one election and the majority vote wins

run-off primaries

if no candidate wins the majority, the top two candidates compete in an additional primary

Are run-off primaries in Texas open or closed?

closed

Examples of offices that are elected via district elections vs at-large elections.

\- At-large elections: US Senate, Texas Governor and Lt. Governor, The Texas Railroad Commission, The Texas Supreme Court, The Texas Court of Criminal Appeals, Some members of the Houston City Council


\- District elections: US House, Texas Senate, Texas House, some city councils across the state

The 1960 Kennedy/Nixon debate.

\- first televised presidential debate

\- radio listeners felt that Nixon won, TV watchers felt that Kennedy won

The party eras in Texas (especially who was in control during each era).

\- 1st-3rd democrats

\- 4th republicans

2016 election

key states - Pennsylvania, Michigan, Wisconsin

Clinton - 65,853,514 votes 232 electoral votes

Trump - 62,984,828 votes 306 electoral votes

2020 election

key states - Arizona, Georgia, Michigan, Pennsylvania, Wisconsin

Biden - 81,283,988 votes
306 electoral votes

Trump - 74,221,924 votes 232 electoral votes

How the Texas Constitution is amended.

• 2/3 vote in both houses of legislature

• 200 house and 21 senate votes

caucuses vs primaries

• caucus: more difficult access, voters are more educated, and the vote is often not secret

• primary: easier access, voters are not as informed, and the vote is secret

The electoral college

\- total: 538

\- minimum: 270

\- an amendment to the Constitution that would eliminate the Electoral College and make the popular vote the determining factor; has been proposed but it has never been voted on

\- Congressional district plan is most like to happen

Faithless electors (from 2000 and 2016).

\- 2000: Barbara Lett- Simmons

\- 2016: 3 Clinton, 2 Trump

how many electoral votes does Texas have?

40 (previously 38)

What is the U.S. Chamber of Commerce?

• the world's largest business organization

• interest group

What are Astro-turf groups?

• an interest group that wants to stop the amount of suing

• makes people believe they are normal people but in reality it a big company that just want to benefit itself

Who does well at the top of the ballot in Texas?

Republicans

Which political party currently wins top-of the ballot races in Texas?

Republicans

The differences between at-large and district elections as well as some examples of each.

• at large: can hurt the political influence of minorities

• district: gives minorities more political influence

who votes republican

whites, males, old people, no college degree, protestants, higher income, small city/rural

who votes democrat

blacks, hispanics, asians, females, younger people, college grads, lower income, catholic, first-year voters, big city/suburbs

The results of the 2004 Election in Texas

\- 21/32 HOR seats were Republican

\- both US senate seats

\- all 6 executive offices

\- majority house and senate seats

\- every court seat- every Texas railroad commission seat

Disenfranchisement in Texas.

\- the poll tax was typically only enforced on minorities and those with low income

\- the grandfather clause (you can't vote if your gpa couldn't)

\- the white only primary

\- political bosses

\- southern states using literacy tests

The dates that local elections can be held in Texas.

\- 3rd Sat in Jan

\- 3rd Sat in May

\- 2nd Sat in Aug

\- 1st Tue after the 1st Mon in Nov

How many Texas Constitutions have there been?

6

The delegates to the 1876 Texas Constitution.

\- 76 were democrats

\- 5 were black

\- 72 were immigrants from other southern states

\- 4 were native Texans

\- 16 were from northern states

\- 33 were lawyers

\- 28 were farmers

\- 30 had served in the state legislature

90 TOTAL

The criticisms of the 1876 Texas Constitution.

• The length, detail, and number of amendments

• The plural executive

• The part time citizen legislature

• The confusing structure of the judiciary

• The restrictions on local governments

Did the current Texas Constitution create a full-time or part-time citizen legislature?

part-time

The number of Amendments to the current Texas Constitution vs. the U.S. Constitution.

• texas: about 500

• US: 27

Direct democracy vs Republic

• democracy: government in which citizens vote on laws and select officials directly

• republic: power is held by elected representatives

Examples of protected speech vs unprotected speech.

protected: symbolic

unprotected:

• Commercial speech

• Defamatory speech

• Obscenity

• Speech that harms the public safety/order

• Speech that threatens national security

• Speech that interferes with the right to a fair trial